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Date: 01-10-2024

Case Style:

Marcus Shoenthal v. City of Seymour. et al.

Case Number: 4:21-cv-00079

Judge: Tanya Walton Pratt

Court: United States District Court for the Southern District of Indiana (Floyd County)

Plaintiff's Attorney:

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Defendant's Attorney: New Albany, Indiana civil rights claimed lawyers represented the Defendant.

Description: New Albany, Indiana personal injury lawyer represented the Plaintiff who sued the Defendant on a civil rights violation theory.

The defendants - the City of Seymour, Indiana, and three of its senior police officers - contend that plaintiff Marcus Shoenthal lacks standing to bring this case in this court because the trustee of the bankruptcy estate has the exclusive right to prosecute the alleged claims. As a result, the Seymour defendants seek dismissal pursuant to Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure. For the foregoing reasons, the court denies the Seymour defendants' motions 59, 61 to dismiss and grants Mr. Shoenthal's motion 75 to file a surreply. See Order for details. Signed by Judge Robert L. Miller, Jr on 3/1/2023. (LF)

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR LEAVE TO FILE SURREPLY - Shoenthal's Motion for Leave to File Surreply in Opposition to Summary Judgment, Filing No. 104, is GRANTED, and Defendants' Motion for Summary Judgment, Filing No. 77, is GRANTED as to all claims against Defendants. Final judgment will issue under separate order. SEE ORDER. Signed by Judge Tanya Walton Pratt on 1/10/2024. (KAA)

Outcome: 01/19/2024 111 BILL OF COSTS by CITY OF SEYMOUR. (Burgan, Blake) (Entered: 01/19/2024)
01/19/2024 112 BRIEF/MEMORANDUM in Support re 111 BILL OF COSTS by CITY OF SEYMOUR , filed by Defendant CITY OF SEYMOUR. (Attachments: # 1 Exhibit 1 - Declaration of Blake J. Burgan)(Burgan, Blake) (Entered: 01/19/2024)

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